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Old 12-21-2008, 12:38 AM   #11
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Originally Posted by Champurrado View Post
Sorry boys and girls, but this is just Horse waste. If you're buying a brewpub's product, what's the difference if the growler says Howdy Doody Brewery or Marx Bros. Brewery.

I think the Bastards are just trying to sell you another bottle.

(the opinions expressed in this post are solely the author's and not that of the United States Bureau of Alcohol, Tobacco and Fire Arms )
I'm sorry, but to play devil's advocate here, what if someone close to you ends up with an emergency trachiotomy in the back of an ambulance because they drank something from Marx bros. brewery that contained oatmeal and they were allergic when they thought they were drinking Howdy Doody which they knew contained no oatmeal.
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Old 12-21-2008, 01:02 AM   #12
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I'm sorry, but to play devil's advocate here, what if someone close to you ends up with an emergency trachiotomy in the back of an ambulance because they drank something from Marx bros. brewery that contained oatmeal and they were allergic when they thought they were drinking Howdy Doody which they knew contained no oatmeal.
I don't think that rationale works here since YOU are the one who chose the container...and YES, they are just gouging customers into buying an overpriced bottle.

If you brought one in without a label or identification then any responsibility should be transferred to the customer.

FKN LAWYERS!!!
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Old 12-21-2008, 01:07 AM   #13
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I've had a Rogue growler filled by a brewery in CA. I think if it is a law, it's one that is usually ignored. Most likely it is just the brewery misinterpreting the law.

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Old 12-21-2008, 01:24 AM   #14
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I don't think that rationale works here since YOU are the one who chose the container...and YES, they are just gouging customers into buying an overpriced bottle.
This assumes that any consumption is done by the customer. What about a party? You see a growler in the fridge labeled Three Stooges you have reasonable expectations that it contains Three Stooges.

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If you brought one in without a label or identification then any responsibility should be transferred to the customer.
Exactly the point. Something without a label is not mislabeled. The responsibility falls solely on the consumer.

Someone here mentioned the ideal way around this whole issue. Have growlers stickers to slap on any growler that you fill. This remains entirely within FDA regs on labeling.

But any brewpub would be crazy to fill a growler and let it leave their premises improperly labeled in this incredibly litigious culture.
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Old 12-21-2008, 01:43 AM   #15
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This assumes that any consumption is done by the customer. What about a party? You see a growler in the fridge labeled Three Stooges you have reasonable expectations that it contains Three Stooges.
But what's to stop someone from buying a growler of one product, taking it home and pouring it in to another growler? If someone is really deathly allergic to something, they would not be going in to someone else's fridge and randomly consuming opened items without asking what it is. And if they are, there is no amount of government regulations that would protect them. So really the responsibility lies with the consumer of the product being informed of what is in a container (and not what the label on it says), not the one who filled the container.
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Old 12-21-2008, 02:28 AM   #16
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I usually buy a growler when I go to any brew pub for collection purposes anyway. If you like their Brew, buy the growler, support the brewpub and then you won't have worry about the stupid law.


...laying my two cents on the bar...

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Old 12-21-2008, 04:58 AM   #17
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But what's to stop someone from buying a growler of one product, taking it home and pouring it in to another growler? If someone is really deathly allergic to something, they would not be going in to someone else's fridge and randomly consuming opened items without asking what it is. And if they are, there is no amount of government regulations that would protect them. So really the responsibility lies with the consumer of the product being informed of what is in a container (and not what the label on it says), not the one who filled the container.
You have a valid point ... BUT ... the common sense you espouse does not always prevail if someone decides to take the brewpub to court. They are just trying to take away a possible avenue for legal action.

It's too bad that's the way it is, but it is.
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Old 12-21-2008, 04:16 PM   #18
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But what's to stop someone from buying a growler of one product, taking it home and pouring it in to another growler? If someone is really deathly allergic to something, they would not be going in to someone else's fridge and randomly consuming opened items without asking what it is. And if they are, there is no amount of government regulations that would protect them. So really the responsibility lies with the consumer of the product being informed of what is in a container (and not what the label on it says), not the one who filled the container.

Civil liability should stop the person from doing so because, contrary to your assertion, the responsibility does lie completely with the person, or organization represented by an agent, who filled the vessel. So if you buy a Three Stooges growler, take it home, transfer it to a Laurel and Hardy minikeg then you are responsible for consequences from that action.

The person consuming the beverage can be considered to have done their due diligence if they read the label of the Laurel and Hardy growler to find out that there are no allergans contained within. Again, they have reasonable expectation that what is inside is what is listed on the label.

I know this is long winded but here is a good example. I recently bought some "Liquor Qwik" two stage fining agent to use on my Blueberry Cider. I was about to put it in to the cider when I read the label and saw that it contained Chitosan. This is a shellfish derivative. Some people can die from consuming shellfish. If I were to bottle this cider in bottles with labels that said "Bob's Cider" and it did not mention chitosan and somebody drank it and died I could lose my house.
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Old 12-21-2008, 05:27 PM   #19
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Bottom Line: We live in a sue happy world and you have to CYA and you can't blame them for doing the same.

Is it stupid? You bet! But blame the attorneys not the breweries.

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Old 12-21-2008, 07:33 PM   #20
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Civil liability should stop the person from doing so because, contrary to your assertion, the responsibility does lie completely with the person, or organization represented by an agent, who filled the vessel. So if you buy a Three Stooges growler, take it home, transfer it to a Laurel and Hardy minikeg then you are responsible for consequences from that action.

The person consuming the beverage can be considered to have done their due diligence if they read the label of the Laurel and Hardy growler to find out that there are no allergans contained within. Again, they have reasonable expectation that what is inside is what is listed on the label.
That is like arguing that a person who breaks into your house and then hurts themself has a right to sue you. If I didn't invite you to drink the beverage and you're rummaging through my fridge without my consent then there is no way it is my responsibility when you consume the bottle of penicillin for my diabetic cat.

Anyway, I'm not arguing about what happens in court because that is all a load of bollocks. I'm just saying who should take personal responsibility for their actions as an intelligent human being. Unfortunately it seems most humans aren't intelligent enough to take responsibility for their own actions, but I know I personally would never go into someone else's fridge without asking them what I'm getting from an open container. If it's a closed/sealed container, then yes what's on the label should match what's inside. But when it's been opened all bets are off. Now if someone handed me a bottle they had filled and told me that what was inside was the same as the label and it was not, then yes I would say the fault lies with the person who filled it. Again this is not my interpretation of what would go on in court, just what common sense tells me.

Quote:
Originally Posted by dontman View Post
I know this is long winded but here is a good example. I recently bought some "Liquor Qwik" two stage fining agent to use on my Blueberry Cider. I was about to put it in to the cider when I read the label and saw that it contained Chitosan. This is a shellfish derivative. Some people can die from consuming shellfish. If I were to bottle this cider in bottles with labels that said "Bob's Cider" and it did not mention chitosan and somebody drank it and died I could lose my house.
That is a different case. In that you are the manufacturer, bottler and distributor, so yes all responsibility lies on you to inform the consumer what is inside.
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